McCanns appeal to the European Court of Human Rights

[Mr Gray]

1) Which bit of EU law do you think the SC misinterpreted?
2) Was the bit of Portuguese law they relied on in direct conflict with EU law ? Reference numbers will do.
3) If there was no direct conflict between the laws then the ECJ have no powers to intervene.

the sc have to strike a balance between freedom of expression and right to a good name...they explain this in the judgement if you read it....so their ruling is their opinion of where the balance lies....thats what i believe the mccanns can challenge

[Mr Gray]

Compensation for being shit parents? 

Not many people go abroad with three children and come back with two.

that wont be part of the consideraion in the ECHR..imo

[stephen25000]

the sc have to strike a balance between freedom of expression and right to a good name...they explain this in the judgement if you read it....so their ruling is their opinion of where the balance lies....thats what i believe the mccanns can challenge

Are you intending to advise the E.C.H.R. on implementing your opinion ?

[Angelo222]

that wont be part of the consideraion in the ECHR..imo

These judges can read too you know, they will be very aware of what went on in Portugal.

[kizzy]

the sc have to strike a balance between freedom of expression and right to a good name...they explain this in the judgement if you read it....so their ruling is their opinion of where the balance lies....thats what i believe the mccanns can challenge

Why should the mccanns, have a right to a good name.

[Angelo222]

Does any one know if the Portuguese get to put their point of view across before such a decision to proceed is taken,if it gets that far.

No,. It is entirely at the discretion of the Court.

[Mr Gray]

These judges can read too you know, they will be very aware of what went on in Portugal.

the judges will be looking at points of law...thats what they will deal with..

[Mr Gray]

Why should the mccanns, have a right to a good name.

because the do have under european law

[stephen25000]

the judges will be looking at points of law...thats what they will deal with..

Then qualify your statement with those points of law with appropriate cites.

[Mr Gray]

Then qualify your statement with those points of law with appropriate cites.

I believe it comes under article 10

[stephen25000]

I believe it comes under article 10

Then quote ARTICLE 10 directly.

[slartibartfast]

Of course they can...they can rule that the SC have misinterpreted EU law and amaral has libelled the mccanns ...they have no enforcement against amaral but against the portuguese state

Nothing to do with the SC either. This case if submitted/approved/judged is the McCanns vs Portugal. They will have to prove Portugal didn’t consider their human rights and it caused them significant damage. If either of those fail, the fat lady will sing.

[Mr Gray]

Then quote ARTICLE 10 directly.

read this
https://www.lawteacher.net/free-law-essays/constitutional-law/law-of-defamation-and-human-rights-constitutional-law-essay.php

[Mr Gray]

Nothing to do with the SC either. This case if submitted/approved/judged is the McCanns vs Portugal. They will have to prove Portugal didn’t consider their human rights and it caused them significant damage. If either of those fail, the fat lady will sing.

the ECHR will review the judgement made by the SC...so it is to do with the SC

[slartibartfast]

because the do have under european law

And others have a right to freedom of speech.